Legal Question in Family Law in India
Sir
My interim maintenance U.sec 24 of HMA was reduced from 6000/- to 4000/p pm by the family court and I filed A First Appeal in 2013 against that, in First Appeal respondent has submitted his Vakalatnama but not submitted any counter affidavit. Now the Divorce petition filed by husband has been dismissed by Family Court in 2014 and husband filed First Appeal against it. Now on personnel discussion opposite lawyer said this first Appeal has been fractured with the disposal of Divorce suit as it was against order in 24 HMA. So please advice me�
Q1- the First Appeal against reducing the amount from 6000/- to 4000/- can be taken up Or not?
Q2- the above will be dismissed on the first day of listing Or it will proceed further?
2 Answers from Attorneys
Dear client as divorce petition is dismissed so interim maintenance also fractured. U can ask permanent maintenance by filling case under sec 125 of crimminal procedure code. For any legal help call me
Adv prasad patil
9604349028
8446247807
application u/s 24 is independent application and i suggest to file application for maintenance u/s 125 crpc